Per Hon’ble Mr.S.R.Khanzode, Presiding Judicial Member
Heard Mr.V.Gangadharan-Advocate for the appellant and Mr.K.R.Shekhawat-Advocate for the respondents.
These appeals are disposed of by this common order since all these appeals involves identical facts and common question of law.
Appeal no.RBT/FA/13/24 takes an exception to an order dated 14/10/2004 passed in consumer complaint no.739/1997; Shabbir M. Diler v/s. M/s.Om & Co., dismissing the consumer complaint for default. Therefore, appeal is filed by the complainant.
Appeal no.RBT/FA/13/25 takes an exception to an order dated 14/10/2004 passed in consumer complaint no.740/1997; Hasan M. Diler v/s.M/s.Om & Co., dismissing the consumer complaint for default. Therefore appeal is filed by the complainant.
Appeal no.RBT/FA/13/26 takes an exception to an order dated 14/10/2004 passed in consumer complaint no.743/1997; Sofee H. Diller v/s.M/s.Om & Co., dismissing the consumer complaint for default and hence the appeal is preferred by the complainant.
Appeal no.RBT/FA/13/27 takes an exception to an order dated 14/10/2004 passed in consumer complaint no.744/1997; Suraiya Z. Diler v/s.M/s.Om & Co., dismissing the consumer complaint for default hence the appeal is preferred by the complainant.
Heard. All the appeals are admitted and heard forthwith with the consent of both the parties.
Intimation of the payment of costs as imposed by the National Commission while remitting back appeals to the Commission, are stated to have been paid as per the pursis filed today.
According to the appellants, the consumer complaints stood dismissed which resulted into denial of proper and just opportunity to contest the lis and it resulted into failure of the justice. They have also tried to submit that in the backdrop of the circumstances in each consumer complaint order of dismissal is improper as much as the judicial discretion is not properly exercised by the forum. Opponents have some grievance about this last submission about the exercise of its discretion by the forum. However, we will not go into that controversy at present since respondents fairly conceded that to serve the cause of justice, the appeals may be allowed subject to payment of costs and matters be remitted back to the forum for denovo trial from the stage they were dismissed. In the circumstances, we find that the concession given by the respondents is just and proper. To do the substantial justice, we uphold the contentions made by both the parties and pass the following order:-
ORDER
Appeal nos.RBT/FA/13/24, RBT/FA/13/25, RBT/FA/13/26 & RBT/FA/13/27 are allowed.
Impugned orders dated 14/10/2004 in all the appeals are set aside.
Consumer complaints are remitted back to the forum for the denovo trial from the stage they were dismissed.
Both the parties shall appear before the forum on 10/04/2013.
On appearance of both the parties forum shall expedite hearing of all the four complaints.
In the circumstances, both the parties to bear their own costs.
Pronounced on 4th March, 2013.
